BILL NUMBER: SB 1826	CHAPTERED  09/23/00

	CHAPTER   587
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	PASSED THE ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN ASSEMBLY   JUNE 14, 2000

INTRODUCED BY   Senator Kelley

                        FEBRUARY 24, 2000

   An act to amend Sections 67054, 67105, 74901, and 75131 of, and to
add Section 74901.5 to, the Food and Agricultural Code, relating to
agricultural commissions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1826, Kelley.  Agricultural commissions.
   (1) Existing law specifies requirements for membership on the
California Avocado Commission, and requires producer members and
alternate members on the commission to have a financial interest in
producing, or causing to be produced, avocados for market.  These
requirements apply to independent and cooperative handlers.  A
cooperative handler is defined to mean a handler who handles fruit
primarily for a cooperative producer.
   This bill would specify that if no entity meets the requirements
of a cooperative handler, as defined, any person then serving on the
commission shall remain eligible through the remainder of his or her
current term.  Thereafter, any person elected to the commission shall
serve without reference to independent or cooperative status.
   (2) Existing law requires that all assessments be paid to the
California Avocado Commission by the handler first handling avocados
and that every handler is primarily and personally liable for the
payment of the assessment.  Failure of the handler to collect the
assessment from a producer does not exempt the handler from primary
liability for the assessment.
   This bill would make technical changes to this provision.
   (3) Existing law specifies the powers and duties of the California
Winegrape Growers Commission and authorizes persons subject to any
local commission to designate the manner in which the assessments
that he or she pays to the local commission may be used, as
specified.  The commission is authorized to accept contributions of
private, state, or federal funds that may be available for these
specified purposes, and to allocate funds by contract or agreement to
other persons or to state or federal agencies conducting market or
production research.
   This bill instead would authorize the commission to accept
contributions, or match private, local, state, or federal funds and
employ or make contributions of funds to other persons or local,
state, or federal agencies for purposes of maintaining, promoting,
and enhancing the winegrape industry.
   The bill also would authorize the commission to present facts to,
and negotiate with, local, state, federal, and foreign agencies on
matters that affect the winegrape industry.
   (4) Existing law establishes the California Egg Commission to
promote the marketing and production of eggs.  Existing law provides
for the levy of an assessment on egg handlers to support the
activities of the commission, and requires that a referendum be
conducted every 5th year on the continuation of these provisions.
Existing law specified that this assessment shall not exceed one cent
per dozen for shell eggs, or the equivalent thereof for egg
products, but that the commission may establish a different
assessment rate for eggs than for egg products so long as it does not
exceed this maximum.
   This bill would provide that an assessment greater than this
maximum assessment may be charged but only if it is approved by a
vote of handlers as specified.  The bill also would delete the
provision authorizing the commission to revise any assessment rate
that was adopted prior to the 1984 marketing season.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 67054 of the Food and Agricultural Code is
amended to read:
   67054.  (a) Producer members and their alternates on the
commission shall have a financial interest in producing, or causing
to be produced, avocados for market.  In order to be elected a
commissioner or alternate, a producer shall, at the time of the
election, have a financial interest in the production of avocados
within the district in which the individual stands for election.
   (b) If a producer has a financial interest in the production of
avocados within more than one district, the producer may stand for
election in any district in which the producer has a financial
interest in the production of avocados.
   (c) A producer who chooses to stand for election in a particular
district shall not stand for election in any other district for a
period of four years from the date of his or her most recent election
to the commission.  However, this subdivision does not apply in an
election to fill vacancies created by the reapportionment of
districts pursuant to Section 67045.
   (d) Handler members or their alternates shall have a financial
interest in handling avocados for markets.
   (e) Except for the election of another public member, the public
member or his or her alternate on the commission, shall have all the
powers, rights, and privileges of any other member on the commission.
  The public member shall not have any financial interest in the
avocado industry.
   (f) In the event that no entity meets the requirements of Section
67032.5, any person then serving on the commission shall remain
eligible through the remainder of his or her current term.
Thereafter, any person elected to the commission shall serve without
reference to independent or cooperative status.
  SEC. 2.  Section 67105 of the Food and Agricultural Code is amended
to read:
   67105.  All assessments shall be paid to the commission by the
handler first handling avocados who shall be primarily and personally
liable for the payment of the assessment, and failure of the handler
to collect the assessment from any producer shall not exempt the
handler from that primary liability.  Any handler subject to this
section who fails to file a return or pay any assessment within the
time required shall pay to the commission a penalty of 10 percent of
the amount of the assessment determined to be due, and, in addition,
11/2-percent interest per month on the unpaid balance.
  SEC. 3.  Section 74901 of the Food and Agricultural Code is amended
to read:
   74901.  The commission may accept contributions of, or match,
private, local, state, or federal funds and employ or make
contributions of funds to other persons or local, state or federal
agencies for purposes of maintaining, promoting, and enhancing the
winegrape industry.
  SEC. 4.  Section 74901.5 is added to the Food and Agricultural
Code, to read:
   74901.5.  The commission may present facts to, and negotiate with,
local, state, federal, and foreign agencies on matters that affect
the winegrape industry.
  SEC. 5.  Section 75131 of the Food and Agricultural Code is amended
to read:
   75131.  (a) The assessment on eggs and egg products shall be
established by the commission, with the approval of not less than
five handler members, prior to the beginning of each marketing season
and, except as provided in subdivision (d), shall not exceed one
cent ($0.01) per dozen for shell eggs, or the equivalent thereof, as
determined by the commission, for egg products.
   (b) The commission may establish an assessment rate that is
different for eggs than for egg products, so long as it does not
exceed the maximum assessment authorized in subdivision (a).
   (c) An assessment greater than the maximum specified in
subdivision (a) may be charged but only if it is approved by a vote
of the handlers as provided for in Section 75112.
